45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THE PUBLIC REGULATION COMMISSION TO DIRECT ITS UTILITY DIVISION TO REPRESENT THE PUBLIC INTEREST IN ALL MATTERS.

WHEREAS, the public regulation commission must rule on utility issues affecting the citizens of the state; and

WHEREAS, in any rate case before the public regulation commission, individual citizens may intervene without legal counsel or citizens' groups, but a community composed of two or more participants must have legal counsel in order to intervene; and

WHEREAS, utility companies are represented by legal counsel with extensive experience in these matters; and

WHEREAS, the cost of legal counsel are prohibitive to individual consumers and to many groups of consumers; and

WHEREAS, Section 8-8-12 NMSA 1978 requires the utility division of the public regulation commission to represent the public interest in utility matters before the commission; and

WHEREAS, under the former New Mexico public utility commission, the public interest was defined as the consumer interest and the staff was directed by that commission to represent the public or consumer interests in rate cases; and

WHEREAS, the public regulation commission has defined public interest to include the utility or business interest as well as the consumer interest, which has diminished representation of true consumer interest;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public regulation commission be requested to re-define public interest as consumer interest and direct its utility division to make consumer or public interest its priority in all rate cases, ensuring that consumer concerns are represented and considered; and

BE IT FURTHER RESOLVED that the public regulation commission report on its policy on representing the public interest at each of its budget hearings before the legislative finance committee; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the public regulation commission.